Asserting Sovereignty: The Agua Caliente Tribe Says It May Ignore the Vacation-Rental Ban, If Passed, on Land It Owns

Tom Davis, the chief planning and development officer of the Agua Caliente Band of Cahuilla Indians.

The Agua Caliente Band of Cahuilla Indians made it perfectly clear to the city of Palm Springs: The tribe strongly objects to Measure C, the ballot initiative that would effectively ban vacation rentals, which will be decided on by Palm Springs voters on June 5.

“The tribe is concerned that this ban is onerous and unnecessary restriction of the use of allotted trust land,” said the letter from Tom Davis, tribe’s chief planning and development officer, hand-delivered to City Manager David Ready. “The complete prohibition of vacation rentals in R1 zones is an extreme action that will likely only serve to drive this activity ‘underground.’”

According to city records, approximately 770 of the 1,986 permitted short-term vacation rentals are on tribal land. As a sovereign nation, the tribe does not need to implement any of Palm Springs’ ordinances when it comes to properties built on its reservation.

After sharing the letter with me, Davis—who started working for the tribe more than a quarter-century ago, when current Chairman Jeff Grubbe was still in high school—agreed to an email interview.

What is the main concern for the tribe regarding the possible ban on short-term rentals in Palm Springs?

The tribe believes that a total ban on short-term vacation rentals is overly restrictive and, in certain cases, contrary to the principle of highest and best use of allotted trust land.

What are the tribe’s legal options in the case?

Land-use regulation is under the tribe’s sovereign authority. However, allotted trust lands in Palm Springs, Cathedral City, Rancho Mirage and parts of the county are subject to our land-use agreements with those jurisdictions. These land-use agreements allow for local jurisdictions to regulate land use, and all decisions are appealable to the Tribal Council for final decision.

You have been with the tribe for decades. Has there ever been a situation like this before?

Nothing specifically like this. However, in 2004, there was a referendum of the city’s rezoning of “Section 14,” a square mile in downtown that is reservation land master-planned by the tribe and rezoned in cooperation (with) the city. The referendum was sponsored by labor unions. A “yes” vote approved the City Council’s decision, and it passed.

On a brighter note, the tribe just announced plans for a new downtown Palm Springs cultural center.

The tribe invites the community to its groundbreaking at 9 a.m., Friday, May 11, of its new 5.8-acre cultural center in the heart of downtown Palm Springs that celebrates the history, culture and traditions of the Agua Caliente people.

What is the timeline for finishing the project?

The groundbreaking will be at the corner of Indian Canyon Drive and Tahquitz Canyon Way, and kicks off a two-year construction cycle to build a new cultural museum; an Agua Caliente Spa and Bathhouse that celebrates the tribe’s ancient Agua Caliente hot mineral spring; a gathering plaza; gardens; and an Oasis Trail. The project is on target to open in 2020.

Simultaneously, the tribe is making plans for an expansion of the Agua Caliente Casino in Rancho Mirage. More on that?

The tribal environmental impact report will study the potential environmental impacts of an expansion of the resort that may include expanding the gaming area by up to 58,000 square feet; meeting space by up to 41,000 square feet; the food, beverage and retail space by 25,000 square feet; and the development of up to 310 new hotel rooms in 364,000 square feet of hotel space. About 120,000 square feet of new commercial space is also being considered to the south of the resort. Like any environmental analyses, the tribe’s environmental report will study the maximum development potential and use that information to refine the project.

There are also plans for a new casino in Cathedral City.

The tribe proposes to build a gaming facility and ancillary amenities on land that it owns contiguous to the tribe’s reservation within the city of Cathedral City. As part of the proposed project, an application has been filed with the Bureau of Indian Affairs to take approximately 13 acres of land into trust on behalf of the tribe for gaming purposes. The federal actions necessary to implement the proposed project trigger the requirements of the National Environmental Policy Act. The tribe proposes to develop and operate a gaming facility and ancillary amenities on the project site, which has been previously developed. The proposed project is planned to be designed and constructed in multiple phases and ultimately consists of the development of a casino, parking, bars, restaurants, retail and mixed-use space, and tribal government office space.